Woman alleges sexual discrimination in lawsuit against employer

Published: Friday, September 20, 2013 at 3:28 p.m.

Last Modified: Friday, September 20, 2013 at 3:28 p.m.

A Randolph County woman is claiming she was the subject of sexual discrimination by the owner of All-Risk Insurance Agency in Thomasville, who she says made numerous racial comments in her presence.

Raleigh-based law firm Hairston Lane Brannon, PA filed a lawsuit earlier this month on behalf of Beverly Swaim Roig in Davidson County Superior Court. The lawsuit names All-Risk Insurance Agency Inc., and its owner, James E. Potts, as the defendants.

"We have had strange sets of facts before, but by far this is the strangest of the facts we have ever had," said Roig's attorney, James E. Hairston Jr., as he referred to his client's case.

Hairston and attorney M. Brad Hill alleged in the lawsuit that Roig was subject to Potts' racial views, as well as the alleged sexual behavior by the insurance owner toward their client. The law firm stated the racial views included Potts' commenting to Roig about the history of slavery, that he would have been a good "overseer" during slavery and that she was not "all white" as her family had been mixed with slaves in the past. The attorneys further stated Roig would be the one who "castrated" the slaves and along with other racist and slavery-related comments.

Hairston said this week that the lawsuit does not involve racial discrimination as Potts and his client are both white. Potts has declined to comment on the lawsuit and its allegations.

"Potts appeared to plaintiff to be fixated on slavery and once commented to plaintiff, while referring to an African-American customer, that 'I would give you Barbara to beat like a slave,'" the lawsuit stated. "Potts explained to plaintiff that she was an 'Octoroon,' a person who looks Caucasian but is actually one-eighth black."

The lawsuit states that Roig worked in Potts' business in Thomasville. The attorneys explained the business was located in a house renovated to accommodate office space, and the office space had a back room located near the rear of the structure beyond where Potts' office was located. The law firm adds the back room was not accessible to the public nor visible upon entry into the office space in the house.

"From the inception of the plaintiff's employ, up to 2008, Potts would subject plaintiff to his racist views and views regarding slavery on an almost daily basis, without physically touching the plaintiff," the lawsuit states. "Beginning around the latter part of 2008, Potts began his assaultive behavior by physically grabbing plaintiff's arm and pulling her into the backroom. He then proceeded to pull her pants down, bend her over and started to spank plaintiff's bare buttocks with his hand."

The attorneys say despite being subjected to Potts' views on race and slavery, Roig had never been touched by Potts up until the latter part of 2008. The lawsuit states Roig was shocked, startled and upset at what Potts was doing to her and does not recall saying a word during the incident as a result of the shock.

"Once Potts was done spanking her, plaintiff gathered herself and left the office," the lawsuit reads. "She did not return to work for a couple of days. Plaintiff, while at home those couple of days, contemplated telling someone, even the police, however, due to the outlandish nature of the events, she decided not to and eventually went back to work as she needed to be employed.

"Potts, recognizing plaintiff may have some reservations about returning to work with him, attempted to explain to the plaintiff that what he did was not wrong," the lawsuit continues. "Plaintiff objected to his attempts to explain his behavior and for a while, for almost two weeks, Potts discontinued his almost daily rants regarding race and slavery. Approximately two weeks later, Potts resumed his mantra on race and slavery and told plaintiff that he was to be her 'master' and that she was his 'slave girl.' Potts proceeded to give plaintiff a slave name, 'SLG3791,' and indicated to her that he wanted to 'brand' the name on her body."

Roig, according to the lawsuit, was physically assaulted by Potts intermittently throughout her employment up until the time she mustered the courage to inform her husband of what was going on in 2013. Her employment ended around June.

"Potts would demand (Roig) undress, entirely, in the backroom, have her bend over and he would spank her bare buttocks with a 'cane,' which appeared to be an instrument of torture self-created by Potts," the lawsuit stated, which alleged of additional sexual allegations against Potts.

The lawsuit claims that due to the incessant spankings and conduct of Potts, Roig would miss several days of work at a time. The lawsuit states that Potts would not terminate her but would dock her pay. Additionally, Roig would often have bruises on her body as a result of the spankings with the cane, according to the lawsuit. During a medical procedure at a hospital, an employee noticed marks and bruises. The hospital employee urged Roig to go to police as she suspected the patient had been assaulted.

"Plaintiff did not as Potts had indicated previously that he knew all of the officers and that it would be her word versus his word," the lawsuit reads. The lawsuit further stated Potts installed hooks into the rafters of back room, where he told Roig he was going to bind and hang the woman. The lawsuit also alleges Potts would have her undress in the back room several times during the day.

The attorneys are demanding a jury trial and damages in excess of $10,000. Hairston said his law firm has not made a determination of how much money it would be requesting from Potts. Hairston said his client would not be commenting on the lawsuit.

Darrick Ignasiak can be reached at 249-3981, ext. 217, or at darrick.ignasiak@the-dispatch.com. Follow Darrick on Twitter: @DispatchDarrick.

<p>A Randolph County woman is claiming she was the subject of sexual discrimination by the owner of All-Risk Insurance Agency in Thomasville, who she says made numerous racial comments in her presence.</p><p>Raleigh-based law firm Hairston Lane Brannon, PA filed a lawsuit earlier this month on behalf of Beverly Swaim Roig in Davidson County Superior Court. The lawsuit names All-Risk Insurance Agency Inc., and its owner, James E. Potts, as the defendants.</p><p>"We have had strange sets of facts before, but by far this is the strangest of the facts we have ever had," said Roig's attorney, James E. Hairston Jr., as he referred to his client's case.</p><p>Hairston and attorney M. Brad Hill alleged in the lawsuit that Roig was subject to Potts' racial views, as well as the alleged sexual behavior by the insurance owner toward their client. The law firm stated the racial views included Potts' commenting to Roig about the history of slavery, that he would have been a good "overseer" during slavery and that she was not "all white" as her family had been mixed with slaves in the past. The attorneys further stated Roig would be the one who "castrated" the slaves and along with other racist and slavery-related comments.</p><p>Hairston said this week that the lawsuit does not involve racial discrimination as Potts and his client are both white. Potts has declined to comment on the lawsuit and its allegations.</p><p>"Potts appeared to plaintiff to be fixated on slavery and once commented to plaintiff, while referring to an African-American customer, that 'I would give you Barbara to beat like a slave,'" the lawsuit stated. "Potts explained to plaintiff that she was an 'Octoroon,' a person who looks Caucasian but is actually one-eighth black."</p><p>The lawsuit states that Roig worked in Potts' business in Thomasville. The attorneys explained the business was located in a house renovated to accommodate office space, and the office space had a back room located near the rear of the structure beyond where Potts' office was located. The law firm adds the back room was not accessible to the public nor visible upon entry into the office space in the house. </p><p>"From the inception of the plaintiff's employ, up to 2008, Potts would subject plaintiff to his racist views and views regarding slavery on an almost daily basis, without physically touching the plaintiff," the lawsuit states. "Beginning around the latter part of 2008, Potts began his assaultive behavior by physically grabbing plaintiff's arm and pulling her into the backroom. He then proceeded to pull her pants down, bend her over and started to spank plaintiff's bare buttocks with his hand."</p><p>The attorneys say despite being subjected to Potts' views on race and slavery, Roig had never been touched by Potts up until the latter part of 2008. The lawsuit states Roig was shocked, startled and upset at what Potts was doing to her and does not recall saying a word during the incident as a result of the shock.</p><p>"Once Potts was done spanking her, plaintiff gathered herself and left the office," the lawsuit reads. "She did not return to work for a couple of days. Plaintiff, while at home those couple of days, contemplated telling someone, even the police, however, due to the outlandish nature of the events, she decided not to and eventually went back to work as she needed to be employed.</p><p>"Potts, recognizing plaintiff may have some reservations about returning to work with him, attempted to explain to the plaintiff that what he did was not wrong," the lawsuit continues. "Plaintiff objected to his attempts to explain his behavior and for a while, for almost two weeks, Potts discontinued his almost daily rants regarding race and slavery. Approximately two weeks later, Potts resumed his mantra on race and slavery and told plaintiff that he was to be her 'master' and that she was his 'slave girl.' Potts proceeded to give plaintiff a slave name, 'SLG3791,' and indicated to her that he wanted to 'brand' the name on her body."</p><p>Roig, according to the lawsuit, was physically assaulted by Potts intermittently throughout her employment up until the time she mustered the courage to inform her husband of what was going on in 2013. Her employment ended around June.</p><p>"Potts would demand (Roig) undress, entirely, in the backroom, have her bend over and he would spank her bare buttocks with a 'cane,' which appeared to be an instrument of torture self-created by Potts," the lawsuit stated, which alleged of additional sexual allegations against Potts.</p><p>The lawsuit claims that due to the incessant spankings and conduct of Potts, Roig would miss several days of work at a time. The lawsuit states that Potts would not terminate her but would dock her pay. Additionally, Roig would often have bruises on her body as a result of the spankings with the cane, according to the lawsuit. During a medical procedure at a hospital, an employee noticed marks and bruises. The hospital employee urged Roig to go to police as she suspected the patient had been assaulted.</p><p>"Plaintiff did not as Potts had indicated previously that he knew all of the officers and that it would be her word versus his word," the lawsuit reads. The lawsuit further stated Potts installed hooks into the rafters of back room, where he told Roig he was going to bind and hang the woman. The lawsuit also alleges Potts would have her undress in the back room several times during the day.</p><p>The attorneys are demanding a jury trial and damages in excess of $10,000. Hairston said his law firm has not made a determination of how much money it would be requesting from Potts. Hairston said his client would not be commenting on the lawsuit.</p><p>Darrick Ignasiak can be reached at 249-3981, ext. 217, or at darrick.ignasiak@the-dispatch.com. Follow Darrick on Twitter: @DispatchDarrick.</p>